McCabe v. Illinois Cent. R. Co.
U.S. Circuit Court for the District of Northern Iowa
This is an action lor personal injuries. The defendant is an Illinois corporation. It appears that the cause of action accrued more than two years before the commencement of the suit. The defendant pleads the Iowa statute of limitations, which provides that “actions founded on injuries to the person or reputation, whether based on contract or not, or for a statute penalty, shall be commenced within two years after their causes accrue.”
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This is an action lor personal injuries. The defendant is an Illinois corporation. It appears that the cause of action accrued more than two years before the commencement of the suit. The defendant pleads the Iowa statute of limitations, which provides that “actions founded on injuries to the person or reputation, whether based on contract or not, or for a statute penalty, shall be commenced within two years after their causes accrue.” This provision is qualified by section 2529, as follows: “The time during which a defendant is a non-resident of the state shall not be included in computing…
1Opinion of the Court
Love, D. J.
The plaintiff contends that a foreign corporation cannot in any case plead the statuto of limitations in this state because it is a non-resident of the state. It is an artificial person existing only by the law of its creation. It has no existence and can have no existence outside of the state by whose laws it has been created. It cannot change its abode; it is incapable of emigration; its fixed residence is in the state of its creation. It may have agents in other states; it may do business in them; it may, by the laws of such states, sue and be sued therein; hut it can have but…
2Cases cited15 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Baltimore & O. R. v. ReedCourt of Appeals for the Sixth Circuit · 1915
- Denver-Chicago Trucking Co. v. LindemanDistrict Court, N.D. Iowa · 1947
- Bogue v. Chicago, B. & Q. R.District Court, S.D. Iowa · 1912
- Tiller v. St. Louis & S. F. R.U.S. Circuit Court for the District of Western Oklahoma · 1911
5 more not listed; retrieve them via the Exa API.